IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Monday, the 13th day of June 2022 / 23rd Jyaishta, 1944
WA NO. 445 OF 2022
AGAINST JUDGMENT DATED 21-1-2022 IN WP(C) 40553/2016 OF THIS COURT
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APPELLANT/PETITIONER:
THIRUVANANTHAPURAM TALUK SERICULTURE CO-OPERATIVE SOCIETY LTD.NO. KV
IND(T) 309, THIRUVANANTHAPURAM-695 501, REPRESENTED BY ITS
SECRETARY.
BY ADV.SRI.D.SOMASUNDARAM
RESPONDENTS/RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
AND 3 OTEHRS.
BY GOVERNMENT PLEADER FOR R1 TO R3
ADV.SRI.T.V.GEORGE FOR R4
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to pass an interim order staying operation and implementation of the
judgment in W.P.40553 of 2016 directing to constitute three member
committee and to formulate fresh project report and issue further
direction to the respondents to provide financial assistance as directed
in Annexure-II interim order, pending disposal of the Writ Appeal.
This Writ Appeal again coming on for orders along with connected
case on 13/06/2022 upon perusing the appeal memorandum and this court's
order dated 08/04/2022, the court on the same day passed the following:
P.T.O.
S. MANIKUMAR, CJ & SHAJI P. CHALY, J.
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W.A. Nos. 445 & 702 of 2022
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Dated this the 13TH day of June, 2022.
ORDER
S. MANIKUMAR,CJ.
W.A.No. 702 of 2022 By a common judgment dated 21st January, 2022 in W.P.(C) No. 35173 of 2016 and batch, writ court issued the following directions:
"71. For all the afore reasons, these writ petitions are disposed of with the following orders and directions:
(1) Respondents 1 and 2 are directed to cause appropriate enquiry and investigation into the action of the nominated Board of Directors of the SERIFED in recruiting about 300 employees in SERIFED in violation of law and also into the action of the Government in absorbing 271 employees illegally recruited in SERIFED into the Government Services and in the services of Kerala Khadi and Village Industries Board and take appropriate action based on such enquiry/ investigation, in accordance with law;
(2) The impugned Ext.P14 order dated 07.01.2017 in W.P. (C) No.35173/2016 and Ext.P4 order dated 08.05.2020 in W.P.(C) No.15961/2020 are quashed;
(3) The Central Silk Board, SERIFED and the Director of Handlooms and Textiles are directed to nominate their representative to the ThreeMember Committee decided to W.A. Nos. 445 & 702 of 2022 :2: be formed in the meeting convened by the Chief Secretary on 05.07.2017 and communicate the nominations to the Chief Secretary forthwith;
(4) The ThreeMember Committee shall formulate a fresh Project Report on the feasibility of revival of SERIFED, Post Cocoon Sector and Silk Weaving in Kerala, and submit the same to the 1st respondent within a period of four months; (5) Respondents 1 and 2 (in W.P.(C) No.35173/2016) shall take a final decision on the revival of SERIFED, PostCocoon Sector and Silk Weaving in Kerala, within a further period of two months from the date of receipt of the Project Report; (6) The petitioners in W.P.(C) No.35303/2016 are permitted to get Ext.P1 Award in I.D. No.58/99 of the Industrial Tribunal, Alappuzha executed/implemented, invoking the provisions of the Industrial Disputes Act, 1947.
The Registry is directed to forward a certified copy of this judgment to the Director of Handlooms and Textiles, Vikas Bhavan P.O., Thiruvananthapuram695 033."
2. Being aggrieved by the judgment in W.P.(C) No. 40553 of 2016, one of the writ petitioners in the common judgment, Thiruvananthapuram Taluk SERICULTURE CO-OPERATIVE SOCIETY LTD.NO. KV. IND(T) 309 has filed W.A. No. 445 of 2022, in which a Hon'ble Division Bench of this Court, on 8 th April, 2022, has passed the W.A. Nos. 445 & 702 of 2022 :3: following order:
"Admit.
Government Pleader takes notice for respondents 1 to 3. Issue notice by speed post to the fourth respondent. Acceptance of the fresh Project Report on the feasibility of revival of SERIFED, PostCocoon Sector and Silk Weaving in Kerala, directed to be formulated and submitted to the first respondent in terms of the impugned judgment will be subject to the outcome of the writ appeal.
List this matter in the reopening week."
3. Instant appeal is filed by the State of Kerala and others against the judgment dated 21.01.2022 in W.P.(C) No. 35173 of 2016, which is part of the common judgment referred to in the foregoing paragraphs.
4. Since the very same directions have already been challenged in W.A.No. 445 of 2022 and that the same is admitted, we deem it fit to admit the instant appeal also.
5. Accordingly, this appeal is also admitted. Sri. Liju V. Stephen takes notice for the Kerala State Sericulture Co-operative Apex Society Ltd. No. K.V. IND-2, Thiruvananthapuram, respondent No.1. Sri. S. Manu, Assistant Solicitor General of India, takes notice for the Union of India, represented by its Secretary, Ministry of Textiles, New Delhi, W.A. Nos. 445 & 702 of 2022 :4: respondent No.2.
6. Post the matter after three weeks along with W.A. No. 445 of 2022.
W.A.No. 445/2022 It is submitted that the direction issued as early as on 8 th April, 2022 is not complied with. State of Kerala represented by its Chief Secretary, Industries (K) Department, Government Secretariat, Thiruvananthapuram-695 001, respondent No.1, is directed to file an affidavit detailing the steps taken pursuant to the order dated 08.04.2022.
sd/-
S. MANIKUMAR, CHIEF JUSTICE.
sd/-
SHAJI P. CHALY, JUDGE.
Rv 13-06-2022 /True Copy/ Assistant Registrar